306.43
Contracts - competitive bidding.

(A)
The board of trustees of a regional transit authority or any officer or
employee designated by such board may make any contract for the purchase of
goods or services, the cost of which does not exceed one hundred thousand
dollars. When an expenditure, other than for the acquisition of real estate,
the discharge of claims, or the acquisition of goods or services under the
circumstances described in division (H) of this section, is expected to exceed
one hundred thousand dollars, such expenditure shall be made through full and
open competition by the use of competitive procedures. The regional transit
authority shall use the competitive procedure, as set forth in divisions (B),
(C), (D), and (E) of this section, that is most appropriate under the
circumstances of the procurement.

(B)
Competitive sealed bidding is the preferred method of procurement and a
regional transit authority shall use that method if all of the following
conditions exist:

(1)
A clear,
complete and adequate description of the goods, services, or work is
available;

(2)
Time
permits the solicitation, submission, and evaluation of sealed bids;

(3)
The award will be made on the basis of price and other price-related
factors;

(4)
It is
not necessary to conduct discussions with responding offerors about their
bids;

(5)
There is
a reasonable expectation of receiving more than one sealed bid.

A regional transit
authority shall publish a notice calling for bids once a week for no less than
two consecutive weeks in a newspaper of general circulation within the
territorial boundaries of the regional transit authority, or as provided in section
7.16 of the
Revised Code. A regional transit authority may require that a bidder for
any contract other than a construction contract provide a bid guaranty in the
form, quality, and amount considered appropriate by the regional transit
authority. The board may let the contract to the lowest responsive and
responsible bidder. Where fewer than two responsive bids are received, a
regional transit authority may negotiate price with the sole responsive bidder
or may rescind the solicitation and procure under division (H)(2) of this
section.

(C)
A regional transit authority may use two-step competitive bidding, consisting
of a technical proposal and a separate, subsequent sealed price bid from those
submitting acceptable technical proposals, if both of the following conditions
exist:

(1)
A clear,
complete, and adequate description of the goods, services, or work is not
available, but definite criteria exist for the evaluation of technical
proposals;

A regional transit
authority shall publish a notice calling for technical proposals once a week
for no less than two consecutive weeks in a newspaper of general circulation
within the territorial boundaries of the regional transit authority, or as provided in section
7.16 of the
Revised Code. A regional transit authority may require a bid guaranty in
the form, quality, and amount the regional transit authority considers
appropriate. The board may let the contract to the lowest responsive and
responsible bidder. Where fewer than two responsive and responsible bids are
received, a regional transit authority may negotiate price with the sole
responsive and responsible bidder or may rescind the solicitation and procure
under division (H)(2) of this section.

(D)
A regional transit authority shall make a procurement by competitive proposals
if competitive sealed bidding or two-step competitive bidding is not
appropriate.A regional transit authority shall publish a notice calling for
proposals once a week for no less than two consecutive weeks in
a newspaper of general circulation within the
territorial boundaries of the regional transit authority, or as provided in section
7.16 of the
Revised Code. A regional transit authority may require a proposal
guaranty in the form, quality, and amount considered appropriate by the
regional transit authority. The board may let the contract to the proposer
making the offer considered most advantageous to the authority. Where fewer
than two competent proposals are received, a regional transit authority may
negotiate price and terms with the sole proposer or may rescind the
solicitation and procure under division (H)(2) of this section.

(1)
A regional transit authority shall
procure the services of an architect or engineer in the manner prescribed by
the "Federal Mass Transportation Act of 1987," Public Law No. 100-17, section
316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608 and the services of a
construction manager in the manner prescribed by sections
9.33 to
9.332 of the
Revised Code.

(2)
A
regional transit authority may procure revenue rolling stock in the manner
prescribed by division (B), (C), or (D) of this section.

(3)
All contracts for construction in excess of one hundred thousand dollars shall
be made only after the regional transit authority has published a notice
calling for bids once a week for two consecutive weeks in
a newspaper of general circulation within the
territorial boundaries of the regional transit authority, or as provided in section
7.16 of the
Revised Code. The board may award a contract to the lowest responsive and
responsible bidder. Where only one responsive and responsible bid is received,
the regional transit authority may negotiate price with the sole responsive
bidder or may rescind the solicitation. The regional transit authority shall
award construction contracts in accordance with sections
153.12 to
153.14 and
153.54 of the Revised Code.
Divisions (B) and (C) of this section shall not apply to the award of contracts
for construction.

(F)
All contracts involving expenditures in excess of one hundred thousand dollars
shall be in writing and shall be accompanied by or shall refer to plans and
specifications for the work to be done. The plans and specifications shall at
all times be made and considered part of the contract. For all contracts other
than construction contracts, a regional transit authority may require
performance, payment, or maintenance guaranties or any combination of such
guaranties in the form, quality, and amount it considers appropriate. The
contract shall be approved by the board and signed on behalf of the regional
transit authority and by the contractor.

(G)
In making a contract, a regional transit authority may give preference to goods
produced in the United States in accordance with the Buy America requirements
in the "Surface Transportation Assistance Act of 1982," Public Law No. 97-424,
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended,
and the rules adopted thereunder. The regional transit authority also may give
preference to providers of goods produced in and services provided in labor
surplus areas as defined by the United States department of labor in 41
U.S.C.A. 401 note, Executive Order No. 12073, August 16, 1978, 43 Fed. Reg.
36873, as amended.

(H)
Competitive procedures under this section are not required in any of the
following circumstances:

(1)
The
board of trustees of a regional transit authority, by a two-thirds affirmative
vote of its members, determines that a real and present emergency exists under
any of the following conditions, and the board enters its determination and the
reasons for it in its proceedings:

(2)
The purchase consists of goods or services, or any combination thereof, and
after reasonable inquiry the board or any officer or employee the board
designates finds that only one source of supply is reasonably
available.

(3)
The
expenditure is for a renewal or renegotiation of a lease or license for
telecommunications or electronic data processing equipment, services, or
systems, or for the upgrade of such equipment, services, or systems, or for the
maintenance thereof as supplied by the original source or its successors or
assigns.

(4)
The
purchase of goods or services is made from another political subdivision,
public agency, public transit system, regional transit authority, the state, or
the federal government, or as a third-party beneficiary under a state or
federal procurement contract, or as a participant in a department of
administrative services contract under division (B) of section
125.04 of the Revised
Code.

(5)
The sale
and leaseback or lease and leaseback of transit facilities is made as provided
in division (AA) of section
306.35 of the Revised
Code.

(6)
The
purchase substantially involves services of a personal, professional, highly
technical, or scientific nature, including but not limited to the services of
an attorney, physician, surveyor, appraiser, investigator, court reporter,
adjuster, advertising consultant, or licensed broker, or involves the special
skills or proprietary knowledge required for the servicing of specialized
equipment owned by the regional transit authority.

(7)
Services or supplies are available from a qualified nonprofit agency pursuant
to sections
4115.31 to
4115.35 of the Revised
Code.

(8)
The
purchase consists of the product or services of a public utility.

(9)
The purchase is for the services of individuals with disabilities to work in
the authority's commissaries or cafeterias, and those individuals are supplied
by a nonprofit corporation or association whose purpose is to assist
individuals with disabilities, whether or not that corporation or association
is funded entirely or in part by the federal government, or the purchase is for
services provided by a nonprofit corporation or association whose purpose is to
assist individuals with disabilities, whether or not that corporation or
association is funded entirely or in part by the federal government. For
purposes of division (H)(9) of this section, "disability" has the same meaning
as in section
4112.01 of the Revised
Code.

(I)
A
regional transit authority may enter into blanket purchase agreements for
purchases of maintenance, operating, or repair goods or services where the item
cost does not exceed five hundred dollars and the annual expenditure does not
exceed one hundred thousand dollars.

(K)
Except
as otherwise provided in this chapter, a regional transit authority shall make
a sale or other disposition of property through full and open competition.
Except as provided in division (L) of this section, all dispositions of
personal property and all grants of real property for terms exceeding five
years shall be made by public auction or competitive procedure.

(L)
The competitive procedures required by division (K) of this section are not
required in any of the following circumstances:

(1)
The grant is a component of a joint development between public and private
entities and is intended to enhance or benefit public transit.

(2)
The grant of a limited use or of a license affecting land is made to an owner
of abutting real property.

(4)
The grant or disposition is to a department of the federal or state government,
to a political subdivision of the state, or to any other governmental
entity.

(5)
Used
equipment is traded on the purchase of equipment and the value of the used
equipment is a price-related factor in the basis for award for the
purchase.

(6)
The
value of the personal property is such that competitive procedures are not
appropriate and the property either is sold at its fair market value or is
disposed of by gift to a nonprofit entity having the general welfare or
education of the public as one of its principal objects.

(M)
The board of trustees of a regional transit authority, when making a contract
funded exclusively by state or local moneys or any combination thereof, shall
make a good faith effort to use disadvantaged business enterprise participation
to the same extent required under Section 105(f) of the "Surface Transportation
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100, and Section
106(c) of the "Surface Transportation and Uniform Relocation Assistance Act of
1987," Public Law No. 100-17, 101 Stat. 145, and the rules adopted
thereunder.

(1)
"Goods"
means all things, including specially manufactured goods, that are movable at
the time of identification to the contract for sale other than the money in
which the price is to be paid, investment securities, and things in action.
"Goods" also includes other identified things attached to realty as described
in section
1302.03 of the Revised
Code.

(2)
"Services" means the furnishing of labor, time, or effort by a contractor, not
involving the delivery of goods or reports other than goods or reports that are
merely incidental to the required performance, including but not limited to
insurance, bonding, or routine operation, routine repair, or routine
maintenance of existing structures, buildings, real property, or equipment, but
does not include employment agreements, collective bargaining agreements, or
personal services.

(3)
"Construction" means the process of building, altering, repairing, improving,
painting, decorating, or demolishing any structure or building, or other
improvements of any kind to any real property owned or leased by a regional
transit authority.

(4)
"Full
and open competition" has the same meaning as in the "Office of Federal
Procurement Policy Act," Public Law No. 98-369, section 2731, 98 Stat. 1195
(1984), 41 U.S.C.A. 403.

(5)
A bidder is "responsive" if, applying the criteria of division (A) of section
9.312 of the
Revised Code, the bidder is "responsive" as described in that
section.

(6)
A bidder
is "responsible" if, applying the criteria of division
(B) of
section
9.312 of the
Revised Code and of the "Office of Federal Procurement Policy Act," Public Law
No. 98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is
"responsible" as described in those sections.